Being charged with Coercive Control in Queensland under s176A

What should I do?

Coercive Control is one of the most serious domestic violence charges in Queensland. Because it involves a “pattern” of behaviour, the police investigation will be deep and intrusive. You must:

1. Stop all digital footprints: Police will obtain warrants for your phone, social media, and bank records. Do not delete messages, as this can be charged as “Attempting to Pervert the Course of Justice,” but do not send any more.
2. Exercise your right to silence: In coercive control cases, police rely on “admissions” to connect isolated incidents into a pattern of control. Declining an interview is your most important protection.
3. Prepare for a long investigation: Unlike a physical assault, these charges take months to investigate as police interview friends, family, and colleagues to establish a “pattern.”
4. Engage a specialist lawyer: This is a new law (Section 176A). You need a lawyer who understands the specific “reasonableness” and “harm” tests that the prosecution must prove.

What does it mean?

Under Section 176A of the Criminal Code 1899 (Qld), a person commits a crime if they:

• Are in a domestic relationship with another person; and
• Engage in a course of conduct (a pattern of behaviour) against the other person that consists of domestic violence on more than one occasion; and
• The person intends the course of conduct to coerce or control the other person; and
• A reasonable person would consider the course of conduct would be likely to cause the other person harm (physical, mental, or emotional).¹

Abusive behaviour can include psychological, emotional, or economic abuse, such as:

• Isolating a person from friends and family.
• Monitoring their movements or communications (stalking).
• Controlling their finances.
• Threatening self-harm or harming others to gain compliance.²

What are the penalties?

Coercive control carries a maximum penalty of 14 years imprisonment.³

Because it is a newly created offence aimed at identifying patterns that often lead to homicide, the Queensland courts are expected to take an extremely firm approach. For a conviction of a pattern of coercive control, a term of actual imprisonment is the very likely outcome, even for first-time criminal offenders.

Are you being investigated for coercive control? Contact Bell & Senior immediately. This is a complex new area of law that requires sophisticated, proactive legal defence.